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THE SOCIETIES REGISTRATION ACT, 1860
_________
ARRANGEMENT OF SECTIONS
_________
PREAMBLE.
SECTIONS
1. Societies formed by memorandum of association and registration.
2. Memorandum of association.
3. Registration and fees.
4. Annual list of managing body to be filed.
5. Property of society how vested.
6. Suits by and against societies.
7. Suits not to abate.
8. Enforcement of judgment against society.
9. Recovery of penalty accruing under bye-law.
10. Members liable to be sued as strangers.
Recovery by successful defendant of costs adjudged.
11. Members guilty of offences punishable as strangers.
12. Societies enabled to alter, extend or abridge their purposes.
13. Provision for dissolution of societies and adjustment of their affairs.
14. Upon a dissolution no member to receive profit.
Clause not to apply to Joint-stock Companies.
15. Member defined.Disqualified members.
16. Governing body defined.
17. Registration of societies formed before Act.
18. Such societies to file memorandum, etc., with Registrar of Joint-stock Companies.
19. Inspection of documents, Certified copies.
20. To what societies Act applies.
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THE SOCIETIES REGISTRATION ACT, 1860
ACT NO. 21 OF 18601
[21st May, 1860.]
An Act for the Registration of Literary, Scientific and Charitable Societies.
Preamble.—WHEREAS it is expedient that provision should be made for improving the legal
condition of societies established for the promotion of literature, science, or the fine arts, or for the
diffusion of useful knowledge, 2[the diffusion of political education] or for charitable purposes; It is
enacted as follows:—
STATE AMENDMENT
Union territory of Ladakh
After the preamble and before the existing section 1, insert—
“1. Appointment, etc. of Registrar of Societies, etc .-(1) The Administration of Union territory
of Ladakh may, by notification, appoint a person to be called the Registrar of Societies and he shall
exercise such powers and perform such duties and functions as are conferred by or u nder the
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
The Act (with the exception of the first four sections) is based on the Literary and Scientific Institutions Act, 1854 (17 an d 18
Vict., c. 112), ss. 20 et seq.
It has been declared to be in force in the whole of India, except the Scheduled Districts, by s . 3 of the Laws Local Extent Act,
1874 (15 of 1874).
It has been extended to the New Provinces and Merged States by Act 59 of 1949.
It has been declared, by notification under s. 3( a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the
following Scheduled Districts, namely:—
West Jalpaiguri . . . . . . See Gazette of India, 1881, Pt. I, p. 74.
The Districts of Hazaribagh, Lohardaga (now
the Ranchi District, see Calcutta Gazette, 1899, . . .
Pt. I, p. 44), and Manbhum and ParganaDhalbhum . . .
and the Kolhan in the District of Singbhum . . . . Ditto 1881, Pt. I, p. 504.
The Scheduled portion of the Mirzapur District . . . . Ditto 1879, Pt. I, p. 383.
Jaunsar Bawar . . . . . . . Ditto 1879, Pt. I, p. 302.
The Scheduled Districts in Ganjam and Vizagapatam . . . Ditto 1898, Pt. I, p. 870.
Assam (except the North Lushai Hills). . . . . Ditto 1897, Pt. I, p. 299.
It has been extended, by notification under s. 5 of the last-mentioned Act, to the following Scheduled Districts, namely:—
Kumaon and Garhwal. . . . . . . See Gazette of India, 1876, Pt. I, p. 606.
Ajmer and Merwara. . . . . . . Ditto 1878, Pt. I, p. 380.
The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule to Dadra and
Nagar Haveli with modifications by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1-7-1965) and to the Union territory of
Lakshadweep, by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967).
It has been amended in—
C. P. and Berar by C. P. and Berar Act 3 of 1940,
Assam by Assam Acts 14 of 1948, 15 of 1948, 1 of 1952, 7 of 1957 and 11 of 1958,
Bihar by Bihar Acts 30 of 1948, 4 of 1951 and 2 of 1960,
Punjab by East Punjab Acts 32 of 1948, 6 of 1949 and Punjab Act 21 of 1961,
West Bengal by West Bengal Act 16 of 1950,
Andhra by President’s Act 10 of 1954,
Madras by Mad. Act 9 of 1960,
Orissa by Orissa Acts 21 of 1958, 8 of 1969 and 9 of 1979,
Maharashtra by Maharashtra Acts 11 of 1968 and 49 of 1971,
Himachal Pradesh by H. P. Act 23 of 1973,
Uttar Pradesh by U. P. Acts 25 of 1959, 52 of 1975, 13 of 1978 and 11 of 1984,
Bombay by Bom. Act 76 of 1958,
Haryana by Haryana Act 23 of 1974,
Pondicherry by Act 9 of 1969, and
Union territory of Delhi by Act 26 of 1983.
The Act came into force in Pondicherry vide Reg. 7 of 1963 and the First Schedule (w.e.f. 1-10-1963).
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955 and in Mysore by Mysore Acts 17
of 1960 and 19 of 1973.
It has been repealed in its application to Mahakoshal, Vindhya Pradesh and Bhopal regions of Madhya Pradesh by Madhya
Pradesh Act 1 of 1960 (when notified).
2. Ins. by Act 22 of 1927, s. 2.
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provisions of this Act, and shall subject to such general or special order as the Administration of the
Union territory of Ladakh may from time to time make, superintend the administration and carry out
the provisions of this Act throughout the Union territory of Ladakh.”;
“(2) The Administration of the Union territory of Ladakh may by notification, appoint one or
more Additional Registrars with such local jurisdiction as may be assigned to them.
(3) The Additional Registrars so appointed shall, subject to the control of the Registrar of
Societies, exercise such of the powers and perform such of the functions of the Registrar of Societies
as the Administration of the Union territory of Ladakh may authorise in that behalf.”;
(b) number the existing section as section 1A and in this section as so numbered, for
"Registrar of Joint-Stock Companies" substitute "Registrar of Societies.".
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide
Notification No. S.O. 3805(E), dated (26-10-2020).]
STATE AMENDMENT
Arunachal Pradesh
Extension of Central Act, 1860 (21 of 1860). - The Societies Registration Act, 1860, as in force in
the territories to which it generally extends, is hereby extended to the Union Territory of Arunachal
Pradesh, subject to the modifications mentioned in the Schedule.
Certain notifications to be inopera tive.—On the commencement of this Act, the notifications Nos.
5459P, 5463p, and 5467p dated the 13 th October, 1914, in so far as they relate to the Societies
Registration Act, 1860, shall cease to be operative in the Union Territory of Arunachal Pradesh.
THE SCHEDULE
(See Section)
Modification to the Societies Registration Act, 1860.
1. Throughout the Act,--
(1) for the words “Registrar of Joint -Stock Companies” wherever they occur, the word
“Registrar” shall be substituted.
(2) for the words “State Government” wherever they occur the word “Administrator” shall be
substituted.
[Vide Arunachal Pradesh Act 6 of 1978, s. 2]
Amendment of Schedule.—In the Schedule to the Societies Registration (Extension to Arunachal
Pradesh) Act, 19 (hereinafter referred to as the Principal Act) :-
(1) for the word "Administrator" wherever it occurs, the words "State Government' be substituted.
(2) the clause (a) of serial 2 shall be omitted.
(3) after serial 2, the following shall be inserted, namely :
"2-A, for section 3 of the Central Act, 1860 (21 of 1860) the following shall be substituted,
namely :-
3. (1) Upon such memorandum and certified copy being filed along with particulars of the address
of the Society's office which shall be its registered address, by the Secretary of the Society on behalf
of the persons subscribing to the memorandum, the Registrar shall certify under his hand that the
Society is registered under this Act, and there shall be paid to the Registrar for every such registration
a fee of ten thousand rupees or such smaller fee as the State Government may notification in respect of
any class of Societies :
Provided that the State Government may by notification in the Official Gazette, increase
from time to time the fee payable under this sub-section :
Provided further that the Registrar may, in his discretion, issue public notice(s) to such
person as he thinks fit inviting objections, if any, against the proposed registration and consider
all objections that may be received by him before registering the Society.
(2) Notwithstanding anything in sub-section (1), the Registrar shall refuse to register a Society, if
after giving it an opportunity of showing cause against such refusal he is satisfied that :
(a) the name of the Society is identical with that of any other society previously registered
under this Act ;
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(b) the name of the Society sought to be registered uses any of the words, namely, 'Union',
'State', `Land Mortgage', 'Land Development', 'Co -operative', `Gandhi' Reserve Bank' or any
words expressing or implying the sanction, approval or patronage of the Central or any State
Government or any word which suggests or is calculated to suggest any connection with any
local authority or any corporation or body constituted by or under any law for the time be ing
in force, or is such as is otherwise likely to deceive the public or the members of any other
society previously registered under this Act.
(c) any one or more of the objects of the Society sought to be registered is not an object
mentioned in sections 1 and 20 ; or
(d) its objects are contrary to any other law for the time being in force :
Provided that the State Government may in exceptional circumstances, for reasons to
be recorded permit any society to use the word 'Union' or the word 'Gandhi' in its name,
and thereupon, the use of that word in the name of the society shall not be a ground for
refusal to register or to renew the certificate of registration of such society.
3-A Renewal of certificate of registration -(1) Subject to the provisions of sub-section
(2), a certificate of registration issued under section 3 shall remain in force for a period of
three years from the date of issue :
Provided that a certificate issued before the commencement of the Societies
Registration (Extension to Arunachal Pradesh) (Amendment) Act, 2008 (hereinafter in the
section referred to as the said Act), shall remain in force for a period of three years from the
date of such commencement on payment of the difference of the fees specified under sub -
section (3) and the fees already paid.
(2) A Society registered under section 3 whether before or after the commencement
of the said Act, shall on application alongwith a copy of duly audited statement
of account made to the Registrar within one month of the expiration of the period
referred to in sub -section (1) and on payment of the fee specified in sub -section
(3), be entitled to have its certificate of registration renewed for one year at a
time :
Provided that in the case of a society registered before the commencement of the said
Act, the Registrar shall refuse to renew the certificate of registration, if, after giving it an
opportunity of showing cause against such refusal, he is satisfied that any of the grounds
mentioned in sub-section (2) of section 3 exist in respect thereof.
(3) There shall be paid to the Registrar with every application for renewal of the
certificate of registration :
(a) a fee equal to the registration fee payable under section 3 or rupees four
thousand, whichever is less, if such application is filed within the period
specified in subsection (2) :
Provided that the State Government may, by notification in the Official Gazette,
increase from time to time, the fee payable under this clause subject to the condition that
the fee so increased shall not exceed the registration fee payable under section 3 ;
(b) an additional fee of four hundred rupees or such higher fee not exceeding one-
fifth of the fee payable under clause (a) as may be notified by the State
Government, if such application is filed within one month of the date of
expiration of the period specified in sub-section (2) ; and
(c) an additional fee at the rate of twenty rupees per month or part thereof or
such higher additional fee per month not exceeding half of the additional fee
payable under clause (b) as may be notified by the State Government, if
such application is filed beyond one month of the expiration of the period
specified in sub-section (2).
(4) Every application for renewal of the certificate shall be accompanied by a list of
members of t he managing body elected after the registration of the society or
after the renewal of certificate of registration and also the certificate sought to be
renewed unless dispensed with by the Registrar on the ground of its loss or
destruction or any other sufficient cause.
(5) A society which fails to get its certificate of registration renewed in accordance
with this section within one year from the expiration of the period for which the
certificate was operative shall become an unregistered society :
Provided that the Registrar may, for sufficient cause, allow an application for renewal more than
one year after the expiration of the period for which the certificate was operative on payment of a fee
of four hundred rupees or such higher fee not exceeding ten times of the additional fee payable under
clause (b) of sub-section (3) as may be notified by the State Government from time to time.
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(6) Where a certificate of registration is renewed in accordance with sub-section (2) or sub-section
(5) such renewal shall operate from the date of expiration of the period from which the certificate was
operative.
3-B Reference to the State Government —If any question arises whether any society is
entitled to get itself registered in accordance with section 3 or to get its certificate of registration
renewed in accordance with section 3 -A, the matter shall be referred to the State Government, and
the decision of the State Government, thereon shall be final".
(4) in serial 6, of the Schedule to the State Act No. 6 of 1978 in section 19 of the Central Act
No. 21 of 1860 for the words "one rupee" and "fifteen paise" respectively the words "ten rupees" and
"five rupees" shall be substituted.
(5) in serial 7, (i) in section 21 (1) for the words "five hundred" and "fifty rupees" respectively,
the words, "five thousand rupees" and "five hundred rupees" shall be substituted.
(ii) in section 21 (2) for the words "two thousand" the words "twenty thousand" shall be
inserted.
(7) after serial 7, serial 8 shall be added, namely : —
"8. after section 22, the following shall be added, namely :
[Vide Arunachal Pradesh Act 9 of 2008, s. 2]
1. Societies formed by memorandum of association and registration. —Any seven or more
persons a ssociated for any literary, scientific, or charitable purpose, or for any such purpose as is
described in section 20 of this Act, may, by subscribing their names to a memorandum of association,
andfiling the same with the Registrar of Joint -stock Companies 1***, form themselves into a society
under this Act.
Orissa
Insertion of new section before section 1, Act 21 of 1860.—In the Societies Registration Act, 1860
(21 of 1860) (hereinafter referred to as the said Act), section 1 shall be renumbered as section 1-A and
before the said section as so renumbered, the following new section shall be inserted, namely:—
1. Appointment of Registrar of Societies.—The State Government may, by notification, appoint
a person to be called the Registrar of Societies and he shall exercise such powers and perform such
duties and functions as are conferred by or under the provisions of this Act, and shall subject to such
general or special order as the State Govern ment may from time to time make , superintend the
administration and carry out the provisions of this Act throughout the State or Orissa.
[Vide the Orissa Act 21 of 1958, s. 2]
Adaptation.—In the said Act, for the expressions, “Registrar of Joint Stock Companies” and
“Registrar” wherever they occur, the expression “Registrar of Societies” shall be substituted.
[Vide the Orissa Act 21 of 1958, s. 3]
Pending proceedings and construction of reference to Registrar of Companies in instruments
issued or made before this Act. —(1) All proceedings under the said Act pending before the Registrar of
Joint Stock Companies at the date of commencement of this Act shall stand transferred to the Registrar of
Societies and any such proceedings shall be continued and disposed of by the Registrar of Societies, as if
it had been originally instituted before such Registrar under the said Act.
(2) In all certificates of registration and in all rules or bye -laws of societies and in all other
instruments issued or made under the said Act before the date of commencement of this Act, references to
the Registrar of Joint St ock Companies or the Registrar of Companies shall be deemed to be and be
construed as references to the Registrar of Societies.
[Vide the Orissa Act 21 of 1958, s. 4]
1. The words and figures “under Act 19 of 1857” rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. See now the Companies Act, 1956
(1 of 1956).
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Orissa
Amendment of Section 1.—In the Societies Registration Act, 1860 (21 of 1860), as applicable to the
State of Orissa , section 1 shall be renumbered as sub -section (1) thereof and after sub -section (1) as so
renumbered, the following sub-sections shall be inserted, namely:—
“(2) The State Government may, by notification, appoint one or more Additional Registrars with such
local jurisdiction as may be assigned to them by the State Government.
(3) The Additional Registrars so appointed shall, subject to the control of the Registrar of Societies,
exercise such of the powers and perform such of the functions of the Registrar of Societies as the State
Government may authorize in that behalf.”.
[Vide the Orissa Act 9 of 1979, s. 2]
Union territory of Ladakh
After the preamble and before the existing section 1, insert--
"1. Appointment, etc. of Registrar of Societies, etc .--(1) The Administration of Union territory
of Ladakh may, by notification, appoint a person to be called the Registrar of Societies and he shall
exercise such powers and perform such duties and functions as are conferred by or under the
provisions of this Act, and shall subject to such general or special order as the Administration of the
Union territory of Ladakh may from time to time make, superintend the administration and carry out
the provisions of this Act throughout the Union territory of Ladakh.";
"(2) The Administration of the Union territory of Ladakh may by notification, appoint one or
more Additional Registrars with such local jurisdiction as may be assigned to them.
(3) The Additional Registrars so appointed shall, subject to the control of the Registrar of
Societies, exercise such of the powers and perform such of the functions of the Registrar of Societies
as the Administration of the Union territory of Ladakh may authorise in that behalf.";
(b) number the existing section as section 1A and in this section as so numbered, for "Registrar of
Joint-Stock Companies" substitute "Registrar of Societies.".
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide
Notification No. S.O. 3805(E), dated (26-10-2020).]
Arunachal Pradesh
After section 1, the following section shall be inserted, namely:--
“Definitions-1A. --In this Act, unless the context otherwise requires:-
(a) “Administrator” means the Administrator of the Union territory of Arunachal Pradesh
appointed by the President under Article 239 of the Constitution;
(b) “Registrar” means the Registrar of Societies appointed by the Administrator.”
[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the schedule]
Uttarakhand
Substitution of section 1 .—In Societies Registration Act 1860, (which is hereinafter referred to as
Principal Act) the section 1 shall be substituted as follows, namely:--
“1. Societies formed by memorandum of associati on and registration .---Any seven or more
persons associated for any literary, scientific or charitable purpose, or for any such purpose as is
described in section 20 of the Act, may, be digital signature of their name in online form of
Memorandum of Associ ation and rules filling the same online with the Registrar form themselves
into a society under this Act.
[Vide Uttarakhand Act 4 of 2019, s. 2]
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Haryana
Insertion of section 1A in Central Act 21 of 1860. —After section 1 of the Societies Registration Act,
1860 (hereinafter called the principal Act), The following section shall be inserted, namely:--
“1A. Definitions.—In this Act, unless the context otherwise requires,--
(a) “prescribed” means prescribed by rules made under this Act;
(b) “State Government” means the Government of the State of Haryana.”.
[Vide Haryana Act 14 of 2007, s. 2]
2. Memorandum of association. —The memorandum of association shall contain the following
things (that is to say)—
the name of the society;
the objects of the society;
the names, addresses, and occupations of the governors, council, directors, committee, or other
governing body to whom, by the rules of the society, the management of its affairs is entrusted.
A copy of the rules and regulations of the society, certified to be a correct copy by not less than
three of the members of the governing body, shall be filed with the memorandum of association.
13. Registration and fees. —Upon such memorandum and certified copy being filed, the Registrar
shall certify under his hand that the society is registered under this Act. There shall be paid to the
Registrar for every such registration fee of fifty rupees, or such smaller fee as 2[the State Govern ment]
may, from time to time, direct; and all fees so paid shall be accounted for to 3[the State Government].
STATE AMENDMENT
Orissa
Insertion of a new section .—In the Societies Registration Act, 1860 (21 of 1860) (hereinafter
referred to as the principal Act), after Section 3, the following section shall be inserted, namely:—
3-A. Prohibition against registration of societies with undesirable names.—No society shall be
registered by a name which, in the opinion of the Registrar of Societies is undesirable , being a name
identical with or, which in the opinion of the Registrar of Societies so nearly resembles the name by
which any other existing society has been previously registered under this Act or anybody corporate
which has been incorporated or registered under any other law for the time being in force as to be likely
to deceive the public or members of either society or anybody corporate, or which, without the previous
permission of the Government concerned , suggests or is calculated to suggest the patronage of that
Government or connection with anybody constituted by that Government or any local authority, or
which may, subject to any rules made in that behalf, be deemed to be undesirable by the Registrar of
Societies.”.
[Vide the Odisha Act 6 of 2013, s. 2]
Union territory of Ladakh
Section 3.—For "Registrar", substitute "Registrar of Societies."
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide
Notification No. S.O.3805(E), dated (26-10-2020).]
1. This section was amended in its application to Berar by s. 14 of the Central Provinces and Berar Vidya Mandir Act, 1939 (C.
P. & B. Act 3 of 1940).
2. The words “the Governors-General of India i n Council” have been successively adapted by the A. O. 1937 and the A. O. 1950
to read as above.
3. The word “Govt.” has been successively adapted by the A.O. 1937 and the A. O. 1950 to read as above.
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Uttarakhand
Amendment of section 3. —In Principal Act sub -section ( 1) of section 3 of shall be substituted as
follows, namely:--
“3. Registration and fees .—(1) Upon such memorandum and its digitally signed copy being
filed alongwith particulars of the address of Society office which will be registered address, by the
secretary of the society on behalf of the persons subscribing to the memorandum, the Registrar shall
certify under his digital signature that the society is registered under this Act, For every such
registration fees of five thousand five hundred and fifty rupees shall be paid to Registrar. For every
such registration for Youth/Women Mangal Dal, Women Group/Community Group fees of fifty
rupees shall be paid.
Provided further that the State Government may, by notification in the Official Gazette, increase
from time to time the fee payable under this sub-section.
Provided further that the Registrar may, in his discretion, issue public offline notice or issue
offline notice to such persons as he thinks fit inviting offline objections, if any against the proposed
registration and consider all objections that may be received by him before registering the society.
The prescribed fee of registration shall be submitted online after the online approval of
registration by the Registrar. After depositing the prescribed fees, th e digitally signed Society
Registration Certificate shall be downloaded by the applicant.
[Vide Uttarakhand Act 4 of 2019, s. 3]
Haryana
Amendment of Section 3 of Central Act 21 of 1860. — In Section 3 of the Societies Registration Act,
1860 (hereinafter called the principal Act), for the words "fifty rupees", the words "two hundred and fifty
rupees" shall be substituted.
[Vide Haryana Act 14 of 2001, s. 2]
Insertion of section 3A in Centra l Act 21 of 1860 .—After section 3 of the principal Act, the following
section shall be inserted, namely:--
“3A. Refusal of registration .—(1) The Registrar may, in his discretion, issue public notice or
issue notice to such persons as he thinks fit inviting objections, if any, against the proposed
registration and consider all objections that may be received by him before registering the society.
(2) Notwithstanding anything contained in section 3, the Registrar shall refuse to register a
society, if after giving it an opportunity of showing cause against such refusal, he is satisfied that—
(a) the name of the society is identical with that of any other society previously registered
under this Act;
(b) the name of the society sought to be registered uses any of the words, namely:-- ‘Union’,
‘State’, ‘Land Mortgage’, ‘Land development’, ‘Co -operative’, ‘Gandhi’, ‘Reserve Bank’ or any
words expressing or implying the sanction. Approval or patronage of the Central or any State
Government or any word which sugge sts or is calculated to suggest any connection with any
local authority or any corporation or body constituted by or under any law for the time being in
force or is such as is otherwise likely to deceive the public or the members of any other society
previously registered under this Act;
(c) anyone or more of the objects of the society sought to be registered is not an object
mentioned in section 1 and 20; or
(d) its objects are contrary to any other law for the time being in force or contrary to public
policy.”.
[Vide Haryana Act 14 of 2007, s. 3]
4. Annual list of managing body to be filed. —Oncein every year, on or before the fourteenth day
succeeding the day on which, according to the rules of the society, the annual general meeting of the
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society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list
shall be filed with the Registrar of Joint-stock Companies, of the names, addresses and occupations of the
governors, council, directors, committee, or other governing body then entrusted with the management of
the affairs of the society.
STATE AMENDMENT
Assam
Insertion of new section 4A in Act XXI of 1860.- After section 4 of the principal Act, the following
new section shall be inserted, namely:-
“4A. Changes in managing body and rules to be filed .-(1) Together with the list mentioned in
section 4, there shall be sent to the Registrar of Joint Stock Companies a statement showing changes
during the year to which the list relates in the personnel of the governors, council, directors, committee or
other governing body to whom the management of the affairs of the society is entrusted and also a copy
of the rules of the society corrected up -to-date and certified to be a correct copy by not less than three of
the members of the governing body.
(2) A copy of every alteration made in the rules of the society, certified to be a correct copy by not
less than three members of the governing body, shall be sent to the Registrar of Joint Stock Companies
within fifteen days of the making of such alterations.”
[Vide Assam Act 11 of 1952, s. 2]
Orissa
Insertion of new sections 4 -A, 4-B and 4 -C, Act (21 of 1860) .—In the Societies Registration Act,
1860 (21 of 1860) (hereinafter referred to as the principal Act) after section 4, the following new sections
shall be inserted, namely:-
“4-A Changes in the list mention 4 and rules to be filed .—(1) Without prejudice to the provisions
of section 4 any change in personnel on the list filed under the said section occurring duri ng the year to
which such list relates shall be intimated to the Registrar or Societies within two months of such change.
(2) A copy of every alteration made in the rules and regulations of the Society, certified to be a
correct copy by not less than three of the Governors, Directors or Members of the governing body, as the
case may be, shall be sent to the Registrar or Societies within two months of the making of such
alteration.
4-B. Persons by whom lists, etc., are to be sent.—It shall be the duty—
(a) Of the Chairman or, as the case may be, the President, the Secretary or any other person
authorized in that behalf by the rules and regulations of the Society or by a resolution of the
governing body of the Society; or
(b) Of the Chairman or, as the case m ay be, the President of the governing body of the Society
where is no such authorization, to file the list mentioned in section 4, or to send the intimation or as
the case may be, the copy mentioned in section 4-A to the Registrar of Societies.
4-C. Offence.—(1) If any person who is required so do to under the preceding section fails without
reasonable cause to comply with the provisions thereof, he shall, on conviction, be punishable with fine
which may extend to one hundred rupees.
(2) If any person willf ully makes or causes to be made any false entry or alternation in, or any
omission from, the list filed under section 4 or any statement or copy of rules and regulations sent to the
Registrar of Societies under section 4 -A, he shall, on conviction, be puni shable with fine which may
extend to five hundred rupees.”
[Vide the Orissa Act 8 of 1969, s. 2]
Union territory of Ladakh
Section 4.—For "Registrar of Joint-Stock Companies", substitute "Registrar of Societies".
Insertion of new sections—After section 4, insert the following sections, namely:—
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"4A. Changes in list mentioned in section 4 and rules to be filed. -(1) Without prejudice to the
provisions of section 4 and change in personnel on the list filed under said section occurring during
the year to which such list relates shall be intimated to the Registrar of Societies within two months of
the making of such changes.
(2) A copy of every alteration made in the rules and regulation of the society, certified to be a
correct copy by not less than three of the Governors, Directors or members of governing body, as the
case may be, shall be sent to the Registrar of Societies within two months of such alteration.
4B. Persons by whom lists, etc., are to be sent.-It shall be the duty--
(a) of the Chairman or, as the case may be, the President, the Secretary or any other person
authorised in that behalf by the rules and regulations of the society or by a resolution of the
governing body of the society; or
(b) of the Chairman, or as the case may be, the President of the governing body of the society
where there is no such authorisation,
to file the list mentioned in section 4 or to send the intimation, or as the case may be, the copy
mentioned in section 4A to the Registrar of Societies.
4C. Offence. -(1) If any person w ho is required so to do under the preceding section fails
without reasonable cause to comply with the provisions thereof, he shall, on conviction, be
punishable with fine which may extend to one thousand rupees.
(2) If any person wilfully makes or causes t o be made any false entry or alteration in, or any
omission from, the list filed under section 4 or any statement or copy of rules and regulations sent
to the Registrar of Societies under section 4A, he shall on, conviction, be punishable with fine
which may extend to five thousand rupees.".
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020,
vide Notification No. S.O.3805(E), dated (26-10-2020).]
Arunachal Pradesh
After section 4, the following section shall be inserted, namely:-
“4A. Change in Managing Body and rules to be files.—(1) Together with the list mentioned, in
section 4, there shall be sent to the Registrar a statement showing changes during the year to which
the list relates in the personnel of the Go vernor, council, directors, committee or other governing
body to whom the management of the affairs of the societies is entrusted and also a copy of the rules
of the society corrected up-to-date and certified to be a correct copy by not less than three members of
the governing body.
(2) A copy of every alteration made in the rules of the society certified to be a correct copy by not
less than three members of the governing body, shall be sent to the Registrar within fifteen days of
the making of such alteration.”
[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the schedule]
Haryana
Amendment of Section 4 of Central Act 21 of 1860. —In Section 4 of the principal Act, the following
words shall be added at the end, namely :—
"There shall be paid to the Registrar for every list a fee of ten rupees.".
[Vide Haryana Act 14 of 2001, s. 3]
5. Property of society how vested. —The property, movable and immovable, belonging to a society
registered under this Act, if not vested in trustees, shall be deemed to be ves ted, for the time being, in the
governing body of such society, and in all proceedings, civil and criminal, may be described as the
property of the governing body of such society by their proper title.
11
STATE AMENDMENT
Uttarakhand
Insertion of section 5A.—In Principal Act after section 5 the following section shall be inserted,
namely:--
“5A. Restriction on transfer of property .---(1) Notwithstanding anything contained in any law,
contract or other instrument, it shall not be lawful for the governing body of a society registered under
this Act or any of its members to transfer, without the previous approval of the court, any immovable
property belonging to any such society.
(2) Every transfer made in contravention of sub-section (1) shall be void.
Explanation I.—For the purposes of this section the word “court” shall have the meaning
assigned to it in section 13.
Explanation II.—For the purposes of this section the word “transfer” means—
(d) a mortgage, charge, sale, gift or exchange.
(e) lease for term exceeding five years; or
(f) irrevocable licence.”
[Vide Uttarakhand Act 4 of 2019, s. 4]
Omission of section 5-A of Act no. 21 of 1860.—Section 5-A of the Societies Registration Act, 1860
shall be omitted.
[Vide Uttarakhand Act 23 of 2014, s. 2]
6. Suits by and against societies. —Everysociety registered under this Act may sue or be sued in the
name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and
regulations of the society, and, in default of such det ermination, in the name of such person as shall be
appointed by the governing body for the occasion:
Provided that it shall be competent for any person having a claim or demand against the society, to
sue the president or chairman, or principal secretary o r the trustees thereof, if on application to the
governing body some other officer or person be not nominated to be the defendant.
7. Suits not to abate. —Nosuit or proceeding in any Civil Court shall abate or discontinue by reason
of the person, by or against whom such suit or proceedings shall have been brought or continued, dying or
ceasing to fill the character in the name whereof he shall have sued or been sued, but the same suit or
proceeding shall be continued in the name of or against the successor of such person.
8. Enforcement of judgment against society. —Ifa judgment shall be recovered against the person
or officer named on behalf of the society, such judgment shall not be put in force against the property,
movable or immovable, or agains t the body of such person or officer, but against the property of the
society.
The application for execution shall set forth the judgment, the fact of the party against whom it shall
have been recovered having sued or having been sued, as the case may be, o n behalf of the society only,
and shall require to have the judgment enforced against the property of the society.
9. Recovery of penalty accruing under bye -law.—Wheneverby any bye -law duly made in
accordance with the rules and regulations of the society, or, if the rules do not provide for the making of
bye-laws, by any bye -law made at a general meeting of the members of the society convened for the
purpose (for the making of which the concurrent votes of three -fifths of the members present at such
meeting shall be necessary), any pecuniary penalty is imposed for the breach of any rule or bye-law of the
society, such penalty, when accrued, may be recove red in any Court having jurisdict ion where the
defendant shall reside, or the society shall be situate, as the governing body thereof shall deem expedient.
10. Members liable to be sued as strangers. —Anymember who may be in arrear of a subscription
which according to the rules of the society he is bound to pay, or who shall possess himself of or detain
any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any
12
property of the society, may be sued for such arrear or for the damage accruing from such detention, injury,
or destruction of property in the manner hereinbefore provided.
Recovery by successful defendant of costs adjudged. —Butif the defendant shall be successful in
any suit or other proceeding brought against him at the instance of the society, and shall be adjudged to
recover his costs, he may elect to proceed to recover the same from the officer in whose name thesuit
shall bebrought, or from the society, and in the latter case shall have process against the property of the
said society in the manner above described.
11. Members guilty of offences punish able as strangers. —Anymember of the society who shall
steal, purloin or embezzle any money or other property, or wilfully and maliciously destroy or injure any
property of such society, or shall forge any deed, bond, security for money, receipt, or other instrument,
whereby the funds of the society may be exposed to loss, shall be subject to the same prosecution, and, if
convicted, shall be liable to be punished in like manner, as any person not a member would be subject and
liable to in respect of the like offence.
12. Societies enabled to alter, extend, or abridge their purposes. —Whenever it shall appear to the
governing body of any society registered under this Act, which has been established for any particular
purpose or purposes, that it is advisable to alter, extend, or abridge such purpose to or for other purposes
within the meaning of this Act, or to amalgamate such so ciety either wholly or partially with any other
society, such governing body may submit the proposition to the members of the society in a written or
printed report, and may convene a special meeting for the consideration thereof according to the
regulations of the society;
but no such proposition shall be carried into effect unless such report shall have been delivered or
sent by post to every member of the society ten days previous to the special meeting convened by the
governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the
votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of three -
fifths of the members present at a second special meeting convened by the gove rning body at an interval
of one month after the former meeting.
STATE AMENDMENT
Assam
Insertion of new sections 12A,12B and 12C in Act XXI of 1860.- After section 12 of the Societies
Registration Act, 1860 (XXI of 1860), the following shall be inserted, namely:--
"12A. Change of name .--Any society registered under this Act may, with the consent of not less
than two-thirds of the total number of its members' by a resolution at a general meeting convened for
the purpose and subject to the provisions of section 12B, change its name.
12B. Notice of change of name .--(1) Notice in writing of every change of name, signed by the
Secretary and, by seven members of the society changing its name, shall be sent to the Registrar;
(2) If the proposed name is identical with that by which any other existing society has been
registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive
the public, the Registrar shall refuse to register the change of name.
(3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of
this Act in respect of change of name have been complied with, register the change of name and the
change of name shall have effect from the date of such registration.
12C. Effects of change of name.--The change in the name of a society registered under this Act
shall not affect any rights or obligations of the society or render defective any legal proceeding by or
against the society, and any legal proceeding which might have b een continued or commenced by or
against it by its former name may be continued or commenced by or against it by its new name".
[Vide Assam Act 14 of 1948, s. 2]
13
Orissa
Amendment of a section 12, Act (21 of 1860).—In section 12 of the principal Act—
(a) i n the first paragraph after the words “any other society” the words “ or whenever the
governing body of any such society decides to change the name of the society” shall be inserted;
(b) after the second paragraph the following proviso shall be inserted, namely:—
“Provided that no proposition for amalgamation shall be carried into effect unless it has been
considered, agreed to and confirmed by all the concerned societies in the manner prescribed in this
section”.
[Vide the Orissa Act 8 of 1969, s. 3]
Orissa
Insertion of new sections 12-A, 12-B and 12-C, Act 21 of 1860.—After section 12 of the principal
Act the following new sections shall be inserted, namely:—
12-A. Registration of change of name .—(1) Where a proposition for change of name has been
agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to
and confirmed shall be forwarded to the Registrar of Societies for registering the change of name. If the
proposed name is identical with that by which any other existing society has been registered or in the
opinion of the Registrar so nearly resembles the name of such other society as is likely to deceive the
public or the members of either society, the Registrar shall refuse to register the change of name.
(2) Save as provided in sub-section (1), the Registrar shall, if he is satisfied that the provisions of this
Act in respect of the change of name have been complied with, register the change of name and issue a
certificate of registration altered to meet the circumstances of the case. On the issue of such certificate the
change of name shall be complete.
(3) The Registrar shall charge for any copy of a certificate issued under sub -section (2) a fee of rupee
one and all fees so paid shall be accounted for to the State Government.
12-B. Effect of change of name .—The chExcerpt shown. Open the full act in Lexace.
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